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PEOPLE v. WYLER

37 A.D.2d 375 (1971)

The People of the State of New York, Respondent, v. Robert Wyler and George Hayes, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 18, 1971.

Attorney(s) appearing for the Case

Samuel W. Gilman for George Hayes, appellant.

Herald Price Fahringer of counsel (Lawrence A. Schulz with him on the brief; Lipsitz, Green, Fahringer, Roll, Schuller & James, attorneys), for Robert Wyler, appellant.

Daniel J. Sullivan of counsel (Dwight D. Darcy with him on the brief; Burton B. Roberts, District Attorney), for respondent.

STEVENS, P. J., CAPOZZOLI, KUPFERMAN and STEUER, JJ., concur.

MURPHY, J.

On May 30, 1968, James Owens, George Hayes, Robert Wyler and Victor Pearson met to discuss their differences and all concluded that Eugene Werts represented a problem to them. Werts had earlier hired Owens and Hayes for his own protection. "We were going to take him (Werts) out and beat him up", testified Owens. The four of them, all with loaded weapons, then proceeded to the bar where Werts was waiting...

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